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R.W. MURRAY CO. v. SHATTERPROOF GLASS CORP.

No. 82-1078.

697 F.2d 818 (1983)

R.W. MURRAY CO., a corporation, and The Citadel, Ltd., a limited partnership, by its general partners, Robert E. Kresko, Harlan R. Crow and George A. Shutt, Appellants, v. SHATTERPROOF GLASS CORPORATION, a corporation and Anaconda Aluminum Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1983.

Attorney(s) appearing for the Case

Popkin, Stern, Heifetz, Lurie, Sheehan, Reby & Chervitz, Ronald U. Lurie, Richard J. Sheehan, St. Louis, Mo., for The Citadel, Ltd.

Thompson & Mitchell, W. Stanley Walch, Michael D. O'Keefe, Dan H. Ball, St. Louis, Mo., for R.W. Murray Co.

Robert S. Allen, Steven A. Muchnick, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for Shatterproof Glass Corp.

Guilfoil Symington, Petzall & Shoemake, Jim J. Shoemake, Francis G. Slay, J. Bennett Clark, St. Louis, Mo., for co-appellee Anaconda Aluminum Co.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and STEVENS, District Judge.

ROSS, Circuit Judge.

On July 15, 1981, appellants, R.W. Murray Co. and The Citadel, Ltd., filed suit against the appellees, Shatterproof Glass Corporation and Anaconda Aluminum Company alleging breaches of express and implied warranties, negligence, and misrepresentation in connection with a sale of goods by the appellees. Jurisdiction was based on 28 U.S.C. § 1332 (1976) (diversity of citizenship). Based upon appellees' Fed.R.Civ.P. 12(b)(6) motions to dismiss...

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